Capitalized terms are defined below in the “Definitions” section.
The GCUS define the conditions of access, use and sale of the Recharge Service. The use of the Recharge Service by the User is subject to the acceptance and respect of the terms and conditions of the GCUS by the User.
Within the framework of the present GCUS, the terms beginning with a capital letter will have the definition which is given to them below:
2. DRIVECO ROLE
The Recharge Service is provided by DRIVECO, a simplified joint stock company with a capital of 413 083 euros, whose registered office is located at Village 20251 Pancheraccia, France, registered in the Trade and Companies Register under number 818 943 938, acting on its own behalf or on behalf of Third-Party Owners, as the case may be.
3. DESCRIPTION OF THE RECHARGE SERVICE
The purpose of the Recharge Service is to enable a User to charge his Electric Vehicle by connecting his Electric Vehicle to a Charging Station that is part of the DRIVECO Network.
The power of the Recharge Service may vary depending on the type of Charging Station. The power indicated at a Charging Station corresponds to a maximum theoretical value and is indicated on a non-contractual basis.
The User is informed that the power of the Recharge Service is not guaranteed and may depend, in particular, on the type of Electric Vehicle, the state of the Electric Vehicle’s battery, and the charging conditions defined by the manufacturer of the Electric Vehicle, and/or the state of occupation of the Charging Infrastructure. In addition, the power available at each Charging Point may be subject to modulation by DRIVECO.
The Recharge Service offered by a Charging Infrastructure may also include the provision of the Parking Space associated with the Charging Point used by the User, for a fee. Where applicable, the pricing associated with this service is mentioned in the pricing conditions associated with the Charging Point.
The list of Charging Stations comprised in the DRIVECO Network is available on the DRIVECO Application or on the DRIVECO website accessible at the following address: www.driveco.com. The information relating to the DRIVECO Network is provided for information purposes only and is not contractual; DRIVECO reserves the right to update this information and to modify the composition of the DRIVECO Network at any time.
In addition, DRIVECO does not warrant the accuracy of any information available on any website, application, media or support developed by third parties.
4. CONDITIONS OF ACCESS TO THE RECHARGE SERVICE
Using the DRIVECO Application
The User has the option of accessing the Recharge Service through the DRIVECO Application. The DRIVECO Application is available on the Android and IOS platforms.
The DRIVECO Application allows User to create and access his User Account. The User may associate a DRIVECO Badge with his User Account through the DRIVECO Application. The User also has the option to enter his credit card information via the DRIVECO Application to simplify the process of accessing and using the Recharge Service. The credit card details of the User are not stored by DRIVECO.
Using the Web Portal
The User can scan the QR code associated with the Charging Point, to which he wishes to connect his Electric Vehicle, with his cell phone (outside the DRIVECO Application).
The User is redirected to the Web Portal in order to allow him to fill in his details and to access the Recharge Service in accordance with the terms of the GCUS.
DRIVECO is the owner of the intellectual property rights or holds the rights to use all the elements that constitute and/or are accessible on the Web Portal, in particular the texts, images, graphics, logos, icons and software. Any reproduction, representation, modification, publication, adaptation of all or part of these elements is prohibited, except with prior written authorization from DRIVECO.
To access the Recharge Service, the User must enter his credit card details on the DRIVECO Application or Web Portal, unless the User is using the DRIVECO Application or DRIVECO Badge and his credit card details has already been entered in his User Account.
DRIVECO will issue a pre-authorization request. The amount of the pre-authorization request is displayed on the DRIVECO Application or Web Portal.
If the pre-authorization request is successful, the User can benefit from the Recharge Service and recharge his Electric Vehicle; the User receives a unique PIN code allowing him to monitor the provision of the Recharge Service and terminate the Recharge Service.
Using DRIVECO Badge
When a User has associated a DRIVECO Badge with his User Account, and entered his payment card details in his User Account, the User can access the Recharge Service by using the DRIVECO Badge.
The use of the DRIVECO Badge leads to, subject to the successful completion of the pre-authorization request, the immediate provision of the Recharge Service under the conditions in force on the date of use of the DRIVECO Badge. It is therefore the User’s responsibility to review the pricing conditions applicable to the Charge Point prior to using his DRIVECO Badge.
5. PRICING FOR THE RECHARGE SERVICE
The pricing applicable to the use of the Recharge Service for the Charging Point selected by the User is shown on the DRIVECO Application and/or on the Web Portal.
Pricing conditions may be modified at any time by DRIVECO. However, no modifications may apply during the performance of the Recharge Service, as this service continues to be provided in accordance with the pricing conditions applicable when the Recharge Service has been started by the User.
6. CALCULATION OF THE TOTAL PRICE OF THE RECHARGE SERVICE
The calculation of the total price of the Recharge Service begins when the electricity supplied to the Electric Vehicle exceeds 0.1 kWh, until the Recharge Service is stopped.
The Recharge Service is stopped when the cable connecting the Electric Vehicle to the Recharge Point is disconnected, or automatically, if the amount of the pre-authorization is reached.
The Recharge Service can also be stopped remotely by DRIVECO.
The User can monitor the evolution of the total price resulting from the performance of the Recharge Service using the DRIVECO Application or via the Web Portal by entering the PIN code that was sent to him.
Upon completion of the Recharge Service, the User receives an invoice in electronic form to the email address he provided. This invoice is also available his User Account.
7. PAYMENT CONDITIONS
The total price of the Recharge Service is paid using the credit card provided by the User.
The total price of the Recharge Service cannot exceed the amount of the pre-authorization request made on the credit card provided by the User: consequently, the Recharge Service will automatically stop once the pre-authorization amount is reached.
In the event that the amount of the pre-authorization request is not sufficient to cover the amount owed by the User for the Recharge Service, DRIVECO may take any action to obtain recovery of the sums due.
8. THIRD-PARTY RECHARGE SERVICES
Charging Infrastructures and Charging Stations may be accessed through a Third-Party Recharge Service, including through the use of a Third-Party Badge. The Third-Party Recharge Service is provided in accordance with the terms and conditions determined by the provider providing the Third-Party Recharge Service. It is the User’s responsibility to ensure that the Charging Stations are accessible and compatible with any Third-Party Recharge Service.
For any question concerning the use of the Third-Party Recharge Services, the User should contact the relevant provider.
9. CONDITIONS OF USE OF THE RECHARGE SERVICE
Parking on the Charging Sites
In order to use the Recharge Service, the User must park the Electronic Vehicle in the Parking Space associated with the Charge Point he intends to use. The Electric Vehicle must not encroach on adjacent parking spaces.
The use of a Parking Space is exclusively reserved to the use of the Recharge Service.
The duration of use of the Parking Space is limited to the time required to fully recharge the Electric Vehicle. Any use of the Parking Space beyond the time strictly necessary to fully charge the Electric Vehicle may give rise to the invoicing of a fixed fee for extended parking, the amount of which is shown in the pricing conditions associated with the Charge Point selected by the User. This fee may apply without prejudice to any other penalties that may be applied locally by third parties.
Neither DRIVECO nor the Third-Party Owners shall be liable for any custodial or supervisory obligations under the Recharge Service. Therefore, except in the case of willful misconduct, they disclaim all liability for theft, damage, vandalism to the Electric Vehicle, the cable and/or any property or personal effects associated with or located inside the Electric Vehicle.
Any non-compliant use of a Parking Space may result in the removal of the Electric Vehicle, which will take place at the User’s expense and risk.
The User must make normal use of the Recharge Service and the Charging Stations in accordance with the technical characteristics of his Electric Vehicle. In particular, the User undertakes to comply with all the recommendations made by the manufacturer of his Electric Vehicle with regard to its recharge (in particular concerning the power and duration of the charge).
When the charging cable is attached to the Charging Station, the User is required to use this cable. In the event the cable is damaged, the User must not use such cable and must notify DRIVECO immediately.
When no charging cable is attached to the Charging Station, the charging cable is provided by the User at his own expense. A User may only use a charging cable that complies with the standards applicable in France. The User must ensure that this cable is in good condition and is compatible with the connectors on the Charging Point. Under no circumstances may the User use a cable that is damaged, defective, or does not comply with applicable standards.
In the event of an anomaly reported by the Charging Station, the User must immediately stop using, or seeking to use, the Recharge Service.
Unauthorized use of the DRIVECO Badge or DRIVECO Application
User is solely responsible for the use of his DRIVECO Badge or the DRIVECO Application installed on User’s device. DRIVECO and Third-Party Owners disclaim all liability for unauthorized use of the DRIVECO Badge or DRIVECO Application on the User’s device. The User is responsible for all expenses incurred through his DRIVECO Badge or DRIVECO Application installed on his device.
In the event of loss or theft of his DRIVECO Badge, the User must notify DRIVECO’s customer service department immediately in order to deactivate the DRIVECO Badge. DRIVECO may apply a replacement fee.
In the event of failure of the DRIVECO Badge, the User may contact DRIVECO’s customer service department in order to replace the DRIVECO Badge. DRIVECO will replace it free of charge if the failure does not the result from a misuse or improper storage of DRIVECO Badge.
10. USER’S RESPONSABILITY
The User is responsible for any damage he may cause in the course of using the Recharge Service, the Charging Infrastructure, the Charging Stations, and/or the Parking Places, in particular for any damage that may be caused by his Electric Vehicle.
Neither DRIVECO nor the Third-Party Owners guarantee the physical and operational availability of the Charging Infrastructures.
DRIVECO and the Third-Party Owners may not be held liable (i) in the event of unavailability or inaccessibility of the Charging Station, the Charging Infrastructure or the Recharge Service, (ii) in the event of a failure related to a case of force majeure, (ii) for any immaterial and/or indirect damage.
11. PERSONAL DATA
12. RIGHT OF WITHDRAWAL
If the User is a consumer as defined in the French Consumer Code, the User acknowledges that he/she has given his/her consent to benefit immediately from the Recharge Service before the end of the withdrawal period provided for in article L. 221-18 of the French Consumer Code. Without prejudice to the foregoing, in view of the nature of the electric recharging services provided under the terms of the GCUS, the provisions of article L. 221-28 of the French Consumer Code shall apply.
13. SUPPORT AND MEDIATION
Any request for information or complaint relating to the Recharge Service and/or the GCUS may be addressed to DRIVECO using the following contact details:
Technical assistance: By phone at +33 9 72 56 26 80 (service available 7 days a week, 24 hours a day)
Sales support: By email: email@example.com
In the event that a dispute with the User has not been satisfactorily resolved, or if the dispute has not been resolved by DRIVECO within two months of receipt of the complaint, the User has a further ten months period to refer the matter directly, and free of charge, to the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C):
Through their website: https://www.cm2c.net/declarer-un-litige.php
By email : firstname.lastname@example.org
By mail to the following address: CM2C, 14 rue Saint Jean 75017 Paris.
These methods of amicable settlement are optional for the User, who may therefore at any time refer the matter to the competent judicial courts.
DRIVECO and the Third-Party Owners reserve the right to assign all or part of the rights arising from these GCUS to any third party.
If one of the stipulations of the GCUS is for any reason invalid or unenforceable, the other stipulations will keep all their force and scope.
These GUCS may be modified at any time by DRIVECO. The GCUS applicable to the Recharge Service are those in force on the date the Recharge Service is provided.
French law is applicable to the GCUS.